Art. 161, part 2 of the Criminal Code: crimes against property. The Criminal Code of the Russian Federation

The criminal code establishes concepts that give an assessment of socially dangerous actions, which are called crimes. Also in the code are the terms defining the act itself and the penalty for criminal activity (inactivity).

Each article has the following components: a hypothesis, or a description of the crime, disposition, sanction. So, the hypothesis is a condition for the emergence of the need to apply this article to the emerged legal relations between the criminal and the state. In most cases, it is not expressed in text. Disposition - the definition of criminal activity (inactivity). Sanction determines the penalty for the act (inaction).

Robbery

The Criminal Code of the Russian Federation in Article 161 provides the following definition of robbery as an open embezzlement of someone else's property.
Unlike theft, criminal activity (inactivity) has a clear distinctive factor, indicated in the dispositions of the article, - the openness of the crime. What are the consequences of the robbery? Art. 161 of the Criminal Code prescribes punishment. The person who committed the crime will be punished in accordance with the law. The sanction of this article contains all the options that a judge can apply to a criminal.

The internal meaning of Part 2 of Article 161

Art. 161 (Part 2) of the Criminal Code gives a more detailed description of the crime:

• A socially dangerous act committed by prior conspiracy.
• Illegal invasion of the territory of private property (house, apartment, storehouse).
• A crime with violence or with threats from intruders to use violence that would not be dangerous to the health of the victims.
• Robbery in especially large sizes.

Sanctions art. 161 (part 2) of the Criminal Code of the Russian Federation presupposes the following penalties:

• Forced labor for up to 5 years;
• Imprisonment up to 7 years;
• A fine of up to 10 thousand rubles.

Corpus delicti

Composition of Art. 161 of the Criminal Code is conditioned by the presence of all the necessary conditions and factors for the recognition of social action as a crime. A distinctive feature is the openness of the action.

The object of the crime is complex because it infringes not only on the material property of the victim, but also on health. The objective side lies in the unlawful seizure of someone else's property in the immediate presence of the owner of the property.

The subject of the crime is a person who has reached the age of 14, who at the time of the crime was in a state of psychological sanity. The subjective side is conditioned by direct intent, that is, the person who committed the crime, was aware of his actions and wished for the result of his actions.

Clarification of Article 161 (Part 2)

In Art. 161 (Part 2) of the Criminal Code of the Russian Federation provides qualifying features of this crime. In accordance with the law adopted in the country, the signs that qualify the crime are similar to those of theft. However, feature art. 161 (Part 2) of the Criminal Code of the Russian Federation is that in the case of violence by a person or a group of persons who committed unlawful acts, this act did not carry danger to health and life. A special feature is also the intimidation of victims, that violence will be used against them. These explanations help in the court process to reveal all the subtleties of the crime committed and to apply an objective punishment for the defendant in view of what happened.

Protection

Every citizen of the country has the right to protection. Therefore, the person accused of this crime should think about qualified assistance. Lawyer practice confirms that more than 70% of crimes are committed rashly, in a state of stress, what a lawyer who protects a person accused of a crime needs to know. This crime refers to crimes of moderate severity.
However, despite such a serious qualification of the offense, the lawyer practice knows cases of termination of the criminal case on the fact of reconciliation of the parties. If the defendant pleaded guilty, repented and realized the gravity of his act, the lawyer can apply to the court with a request to complete the case due to the reconciliation of the parties.

The court is not obliged to comply with this request, so the lawyer must prepare. It is necessary to collect documents confirming the usefulness of the defendant for society. Positive feedback from work, from an educational institution, from the family will help solve this matter and save a person from a criminal record. The work of the lawyer is to promptly collect the necessary documents and correct their execution, as well as to choose the right strategy for conducting the trial.

Article Comments

Can I help different notes to art. 161 CC? Comments on various articles allow for more detailed consideration of certain nuances that are described in them.
It is always advisable to use them, as different articles of the Russian Criminal Code have been explained in detail, and the latest changes introduced by the relevant authorities are also included. There is a list of amendments and legislative acts that should be taken into account when using the criminal code. The application of this manual will not only verify the correctness of their judgments, but will provide an opportunity to examine all aspects of the crime in more detail.

Amendments

Let us consider what amendments were made to the Criminal Code of the Russian Federation for Article 161.

The last amendments made to the article were made in 2009. These notes prescribe a change in penalties for persons who committed this socially dangerous act.

After this event, no amendments were made. At the moment there is a bill that will come into force only if it is signed by the president. Then the changes will affect the punishment that follows the commission of the crime. In general, there is no original document, so you can rely only on comments from public figures about the new amendments.

The initiator of this bill (the Minister of Justice) believes that these amendments will have positive consequences for the judicial system of the state. This will make it possible to eradicate the practice of the Soviet court, when the medium variant between the possible boundaries of deprivation of liberty was used to determine punishment. According to available information, correctional labor will be abolished, forced labor will be used instead. Also, the boundaries between the minimum and maximum form of punishment will be significantly reduced, which should help judges in making more objective decisions with respect to the defendants to determine the lawful penalty.